Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-11-05

themselves, mainly. They ought, now
that California is to build ships for the
Federal navy, to result in the establish
ment of the training-school asked for.
ARE THE MoRMoNs TO BE TRUsTEDl
George Ticknor Curtis, in a vigorous
paper in the Forum for November, con-
tends that the people of a Territory asking
for its admission into the Union, have the
power by contract with the Federal Gov
eminent to limit the sovereignty Of the
proposed State, and that the Federal
authorities could enforce the contract. 1t
is not needed that this proposition should
be denied, TO make point against the adj
mission of Utah. Mr.. Curtis thinks it I'M
fair to PREJUDICE the people of that Terri
tory by intimating that after admission
they would, despite their agreement to
condemn polygamy, defy the Government
and continue to recognize plural marriage
as lawful, or at least defensible.
Mr.. Curtis holds that since Utah pledges
herself by constitutional prohibition against
polygamy, it makes no difference to the peo-
pie of the United States whether the
declaration is inconsistent with the pro-
This is not a fair statement Of the case.
While there is an obligation upon Con-
gress to bring every Territory, when COM
petent and mature, into the Union, it rests
alone with Congress to determine when
those conditions have been reached. The
declaration against polygamy in the Con-
stitution, though declared self-operative,
would require some measure of subsequent
legislation. Whether this would be pro-
vided is question that involves considera-
ton of the past conduct and present position
of those who make the constitutional
pledge, and demand the admission of the
Territory. If these people believe plural
marriage to be commanded by God,
that it is holy rite upon which condi-
tions in the future world are dependent,
then Congress is justified in measuring
the verbal declaration by the spiritual
faith of the applicants, and distrusting the
former if it is inconsistent with the
| latter
But, says Mr.. Curtis, if the Mormons do
no: keep the compact, Congress can COM
pei them to do so. Is it not better to
withhold the desired grant of Statehood
until performance, as condition prece-
dent, gives warrant for belief in the
sincerity of the declaration? He replies,
if there is social condition in territory
demanding special treatment, and the
popularity is one that the people of the
proposed State can themselves deal with,
and they offer safe guarantees that they
will insure correction of the peculiarly,
then the United states is not justified in
excluding them from the privileges of
Statehood.
This conclusion may be accepted as
sound, but the syllogism is not, when ap-
piled to Utah. There is "social
popularity" in that Territory requiring
special treatment, but it is an open ques-
ton whether the people of that Territory
are capable of themselves dealing with it,
and the guarantee offered is not =" SAFE"
since the only foundation it has is consti-
tutional declaration that is not in itself
complete. True the section spoken of as |
guarantee provides that it shall be con-
Strued as operative without aid of legisla- |
ton, but it is provided also that bigamy
and polygamy shall be deemed misdemean-
ors only, and while fine and imprisonment
are specified, the crimes are not, as in all |
other States, put in the category of |
felonies and infamous ofienses. With the |
power to create Courts and provide for
procedure in them, such constitutional |
provision could without much difficulty |
be made practically imperative. If we
are to judge the future of Mormonism
by the treachery of the past, it would be
done. The Legislature would define
bigamy and polygamy very differently
from the construction given those terms
ordinarily. Plural marriage would be
excluded as being privileged, because
based upon religious tenet, and thus
legalized prostitution, as matter of con-
science, might be fostered and protected
by the power of the State 1t is certainly
the safer and wiser plan to eliminate the
viciousness complained of from the Terri
tory, than to enter upon the difficult ex-
pertinent of compelling State to punish
its criminals, or to enforce constitutional
laws, SO long as the State is not IN open
rahellion